Ledyayeva, Dobrokhotova, Zolotareva and Romashina v. Russia
Country: RussiaYear: 2007
Court: European Court of Human Rights
Citation: Application Nos. 53157/99, 53247/99, 53695/00 and 56850/00
Health Topics: Chronic and noncommunicable diseases, Environmental health, Public safety
Human Rights: Right to a clean environment, Right to family life, Right to housing
The four applicants alleged that pollution levels near their homes violated their right to respect for their private and family life under Article 8 of the European Convention on Human Rights (“Convention”). All the applicants lived within a “sanitary security zone” around a local steel plant and were exposed to concentrations of dangerous substances above …Read more
Rabia Bhuiyan MP v. Ministry of Local Government and Rural Development, et al.
Country: BangladeshYear: 2007
Court: Supreme Court - High Court Division
Citation: 59 DLR (AD) (2007)
Health Topics: Chronic and noncommunicable diseases, Environmental health, Health systems and financing, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to health, Right to life
The Appellant, a former Member of Parliament, filed a writ petition in the High Court of Bangladesh against the Government and other public authorities for their failure to comply with the Environment Conservation Act 1995 and the Environment Conservation Rules 1997. The petition alleged that there was widespread arsenic contamination in tube wells across the …Read more
Trevethick v. Ministry of Health (Decision No. 1)
Country: New ZealandYear: 2007
Court: Human Rights Review Tribunal
Citation: [2007] NZHRRT 7
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health systems and financing
Human Rights: Freedom from discrimination, Right to social security
This case concerned whether there was unlawful discrimination under New Zealand’s Human Rights Act (1993) (“HRA”), where legislation provided financial support for a disability arising from an accident, but not for a disability arising from a degenerative process or the manifestation of a disease. Ms. Trevethicks (Plaintiff) suffered from multiple sclerosis. She could only drive …Read more
Covarrubias v Canada (Minister of Citizenship and Immigration)
Country: CanadaYear: 2006
Court: The Federal Court of Appeal
Citation: 2006 FCA 365
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Poverty
Human Rights: Freedom of movement and residence, Right to health, Right to life
The appellants were Mexican citizens who arrived in Canada and made a claim for refugee protection. Before their claim was heard, the male appellant was diagnosed with end-stage renal failure and was immediately put on life-sustaining hemodialysis treatment. The Immigration and Refugee Board (‘Board’) denied their claim for refugee protection. Among other findings, the Board …Read more
Gonzales v. Oregon
Country: United StatesYear: 2006
Court: Supreme Court
Citation: 546 U.S. 243 (2006)
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Health care and health services, Informed consent, Medicines, Mental health
The state of Oregon legalized a physician-assisted suicide law. This law exempts state-licensed physicians who “dispense or prescribe a lethal dose of drugs upon the request of a terminally ill patient” from civil or criminal liability. The law required that the patient must have a diagnosis of an incurable and irreversible disease that reasonably will cause …Read more
Hernandez, et al. v. National Power Corp.
Country: PhilippinesYear: 2006
Court: Supreme Court
Citation: G.R. No. 145328
Health Topics: Chronic and noncommunicable diseases, Environmental health, Public safety
Human Rights: Right to health, Right to life
In 1996, the National Power Corporation (NPC) began building towers to support high tension cables for a power transmission project. The transmission lines ran through the Dasmarinas Village, where the Petitioners lived. The Petitioners, fearing the health effects of the towers, discovered studies linking high rates of cancer and other illnesses with exposure to electromagnetic …Read more
R (on the application of Rogers) v. Swindon NHS Primary Care Trust and Anr.
Country: United KingdomYear: 2006
Court: Court of Appeal, Civil Division
Citation: [2006] EWCA Civ 392
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines
Human Rights: Freedom from discrimination, Right to health, Right to life
The appellant Ann Rogers, suffered from type HER2 breast cancer, which was in its early stages. She had a poor prognosis of only a 25% chance of remaining free of breast cancer and a 43% chance of being alive at ten years. Herceptin was licensed by the European Medicines Agency (EMEA) for treatment of only …Read more
Sarban v. Moldova
Country: MoldovaYear: 2006
Court: European Court of Human Rights
Citation: Application No. 3456/05
Health Topics: Child and adolescent health, Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to liberty and security of person, Right to privacy
The applicant is Mr. Vladimir Sarban, a Moldovan National. He was a secretary of Chişinău Municipal Council. He was held in detention on the charges of abuse of power regarding the purchase of 40 ambulances on behalf of the municipal council. However, the Court noted that the prosecutor “essentially stated” that the arrest was done …Read more
Staykov v. Bulgaria
Country: BulgariaYear: 2006
Court: The European Court of Human Rights
Citation: Application No. 49438/99
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health, Right to liberty and security of person
The applicant was arrested. He was charged with murder of an 81 year old. He was detained. All his applications for release were denied before and after his conviction. He stated that the case against him was weak, there was no risk of flight and his health was deteriorating. He was finally released on bail. …Read more
BLAST, et al. v. Government of Bangladesh and others
Country: BangladeshYear: 2005
Court: Supreme Court - High Court Division
Citation: 25 BLD (HDC) (2005) 83
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Diet and nutrition
The Petitioner, Bangladesh Legal Aid and Services Trust (BLAST), a public interest NGO, alleged that the Respondents (which included salt manufacturers and the Government) had violated the Iodine Deficiency Diseases Prevention Act, 1989 (the Act). The Act required edible salt to be iodised before sale, in order to combat iodine deficiency diseases such as goitre …Read more